Excepted Service Appointing Authority: Schedule A

NSEP award recipients may be appointed to Federal Government positions under the Schedule A Excepted Service Appointing Authority. NSEP award recipients’ eligibility under this authority is specified in the Code of Federal Regulations, (CFR), Title 5, Volume 1, Section 213.3102 (r).

5 CFR 213.3102 (r):

Positions established in support of fellowship and similar programs that are filled from limited applicant pools and operate under specific criteria developed by the employing agency and/or a non-Federal organization. These programs may include: internship or fellowship programs that provide developmental or professional experiences to individuals who have completed their formal education; training and associateship programs designed to increase the pool of qualified candidates in a particular occupational specialty; professional/industry exchange programs that provide for a cross-fertilization between the agency and the private sector to foster mutual understanding, an exchange of ideas, or to bring experienced practitioners to the agency; residency programs through which participants gain experience in a Federal clinical environment; and programs that require a period of Government service in exchange for educational, financial or other assistance. Appointments under this authority may not exceed 4 years.

Note that OPM states that individuals may be hired non-competitively up to 4 years under this regulation.

This authority became effective on November 28, 1997.

Converting to Career or Career-Conditional Status

In late 2009, we reported to you that on 28 October 2009, the President signed into law a new piece of legislation - National Defense Authorization Act for Fiscal Year 2010 (NDAA’10) that directly impacts the hiring of NSEP award recipients. Further, we advised that implementation guidance for this new law was being developed. That guidance has now been issued. Below for your review are some Frequently Asked Questions (FAQ’s) which hopefully, will help you better understand the impact and importance of this new legislation to you. If you would like a copy of the original memo regarding the implementation of NDAA’10 sent by the Under Secretary for Personnel and Readiness at the Department of Defense, Dr. Clifford Stanley, please contact the Service Team at nsep@nsep.gov.

Frequently Asked Questions (FAQ’s)

Q. How does NDAA’10 apply to me?

A. If you have not begun to fulfill your service requirement, you may be appointed to an "excepted service" position with any authorized federal organization listed in Paragraph II under "Definitions" - item "C" Authorized Agencies.

Q. I’m currently working for the federal government in an excepted service position. How does this new law apply to me?

A. If you have a service requirement remaining, your organization can convert you to a new appointment under NDAA’10 to take advantage of the non-competitive conversion to career or career-conditional status after two years.

Q. What is the difference between career and career-conditional status?

A. Normally, career-conditional status is the first career-type of appointment within the federal government and appointees must complete a 1-year probationary period. After completing a total of 3 years of continuous creditable service, a career-conditional appointee may be appointed to permanent career status.

Q. If I have already fulfilled my service requirement, can I take advantage of this new law to be appointed to a federal government position?

A. No

Q. What is excepted service?

A. Excepted service is a special authority used by the federal government which allows agencies to use a streamlined hiring process rather than hiring through the traditional competitive process. Excepted service positions are not required to be posted on USAJOBS.

Q.) Could you provide examples of agencies that have excepted service positions?

A. See Below

•  Administrative Office of the US Courts
• Agency for International Development (USAID)
•  Central Intelligence Agency (CIA)
• Defense Intelligence Agency (DIA)
• Federal Bureau of Investigation (FBI)
• Federal Reserve System, Board of Governors
• Government Accountability Office (GAO)
• Military Sealift Command (MSC)
• National Geospatial-Intelligence Agency (NGA)
• National Maritime Intelligence Center
• National Security Agency (NSA)
• Nuclear Regulatory Commission (NRC)
• Tennessee Valley Authority (TVA)
• Transportation Security Administration (TSA)
• U.S. Court of Federal Claims
• U.S. Department of Defense Education Activity (DODEA)
• U.S. Department of Homeland Security (DHS)
• U.S. Department of State
• U.S. Department of Veterans Affairs (VA)
• U.S. Mission to the United Nations
• U.S. Patent and Trademark Office (USPTO)
• U.S. Postal Service (USPS)
• U.S. Secret Service, Uniformed Division (USSS)

Q. Can an organization still hire me under the special hiring authority accorded to NSEP award recipients - Schedule A (5 C.F.R. 213.3102 (r).)?

A. Absolutely!  Some organizations may anticipate a particular job might only have a duration of 1-4 years versus being a permanent position. Therefore, it would better serve their staffing needs to hire under Schedule A.

Q. What exactly is the difference between being appointed under Schedule A and the new NDAA’10 legislation?

A.  Schedule A appointments may not exceed a term of 4 years and there is no non-competitive conversion authority at the end of the appointment term. Under NDAA’10, there is no time limit on the appointment period and you may be converted non-competitively upon satisfactory completion of  2 years of substantially continuous service.

Q. What defines "  2 years of substantially continuous service"?

A. It means working for a period of 2 years with less than a 30 day break in service.

Q. How does an organization go about appointing me under this new legislation?

A. Your organization would need to prepare a Standard Form (SF)-52, Notification of Personnel Action, using, as appropriate, the Legal Authority Codes (LAC) outlined in Paragraph III under "Procedures" - item "IV".

Q. Is there anything-else that is required to effect my appointment under this new legislation?

A. You must provide a certification letter from the NSEP Office that you have completed your scholarship/fellowship program and that you have a service obligation to fulfill.   

Using the Schedule A

Different departments and agencies have different administrative procedures for implementing the Schedule A hiring exemption. Please refer to your own office's human resources department to learn more about the logistics of hiring an NSEP award recipient using Schedule A.

The NSEP award recipient will likely be required to submit proof of his or her status as an NSEP award recipient in good standing. A copy of the NSEPnet resume, acquired by the hiring official through NSEPnet, can serve as this proof. NSEP can also provide letters of certification on behalf on its award recipients. Contact Ms. Katie Davis or Mr. Frank Turner at nsep@nsep.gov to request a letter of certification. If an award recipient, please refer to How NSEP Can Help before requesting such a letter.